R v Nehme; R v Price; R v Rahim; R v Rizk; R v Taufahema (No 2) [2023] NSWSC 1657

R v Nehme; R v Price; R v Rahim; R v Rizk; R v Taufahema (No 2) [2023] NSWSC 1657

The probative value of the visual aspect of the ERISP is not outweighed by the danger of unfair prejudice, particularly as robust jury directions can be given to disregard the cause of the injuries. Therefore, the visual aspect of the ERISP is admissible.

Jurisdiction
Australia
Judgment Date
24 October 2023
Procedural Posture
Criminal / Pre Trial Ruling on Admissibility of Evidence
Outcome
Evidence admitted
Legal Topics
['admissibility of Evidence' 'unfair Prejudice' 'erisp' 'jury Directions']
['criminal Law'] ['admissibility of Evidence' 'unfair Prejudice' 'erisp' 'jury Directions']

Case Brief

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Procedural Posture

Criminal / Pre Trial Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the visual aspect of the Electronically Recorded Interview with Suspected Person (ERISP) of accused Nehme is unfairly prejudicial and should be excluded under s 137 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

The probative value of the visual aspect of the ERISP is not outweighed by the danger of unfair prejudice, particularly as robust jury directions can be given to disregard the cause of the injuries. Therefore, the visual aspect of the ERISP is admissible.

Court Disposition

Evidence admitted

Orders

  • ['The visual aspect of the Electronically Recorded Interview with Suspected Person of the accused Nehme is admissible']